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Garland v. Alcaraz-Enriquez
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-1156 | 9th Cir. | Feb 23, 2021 | Jun 1, 2021 | 9-0 | Gorsuch | OT 2020 |
Holding: The U.S. Court of Appeals for the 9th Circuit's rule in immigration disputes — that in the absence of an explicit adverse credibility determination by an immigration judge or the Board of Immigration Appeals, a reviewing court must treat a petitioning noncitizen’s testimony as credible and true — cannot be reconciled with the terms of the Immigration and Nationality Act.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Gorsuch on June 1, 2021.
SCOTUSblog Coverage
- Justices united against “magic words” and judge-made rules on asylum seekers’ credibility (Eunice Lee, June 12, 2021)
- Justices unanimously rule against asylum seekers on question of credibility (Eunice Lee, June 1, 2021)
- Court considers credibility, persuasiveness and truth in asylum seekers’ testimony (Eunice Lee, February 24, 2021)
- Court to assess when to treat asylum seekers’ testimony as credible (Eunice Lee, February 22, 2021)
- February argument calendar includes immigration, voting-rights cases (Amy Howe, December 31, 2020)
- Justices add seven new cases to docket, including major voting-rights dispute (Amy Howe, October 2, 2020)
- Petitions of the week (Andrew Hamm, April 24, 2020)
| Date | Proceedings and Orders |
|---|---|
| Feb 10 2020 | Application (19A891) to extend the time to file a petition for a writ of certiorari from February 20, 2020 to March 20, 2020, submitted to Justice Kagan. |
| Feb 11 2020 | Application (19A891) granted by Justice Kagan extending the time to file until March 20, 2020. |
| Mar 20 2020 | Petition for a writ of certiorari filed. (Response due April 20, 2020) |
| Mar 20 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system. |
| Apr 17 2020 | Motion to extend the time to file a response from April 20, 2020 to June 19, 2020, submitted to The Clerk. |
| Apr 20 2020 | Motion to extend the time to file a response is granted and the time is extended to and including June 19, 2020. |
| Jun 19 2020 | Brief of respondent Cesar Alcaraz-Enriquez in opposition filed. |
| Jul 08 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Jul 17 2020 | Reply of petitioner William P. Barr, Attorney General filed. (Distributed) |
| Oct 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1155 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Oct 02 2020 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions. |
| Oct 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1155. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1155. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Dec 31 2020 | SET FOR ARGUMENT on Tuesday, February 23, 2021. VIDED. |
| Jan 14 2021 | CIRCULATED |
| Jan 25 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Jan 28 2021 | Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. Sealed documents in this record was filed electronically. |
| Feb 23 2021 | Argued. For petitioner: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 19-1156: Neal K. Katyal, Washington, D. C. For respondent in 19-1155: David J. Zimmer, Boston, Mass. VIDED. |
| Jun 01 2021 | Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court. VIDED. |
| Jul 06 2021 | JUDGMENT ISSUED. |
